Arraignment

[nerd]

Dear Sir,

I need your help and advice again sir.   My daughter and I went to meet cp for pick up of children at police dept.  My daughter had a letter to give to cp concerning holiday visits.  Yes, we should have mailed the letter, but found out we needed to give it to him too late.  

Father sent step mom to deliver kids.  daughter waved letter to sm and asked if she would give it to father.  sm backed car up to where mom was standing and just sat there with windows rolled up, motor runnning   mom showed letter again and asked if she would please give to father.  no response.

mom, thinking sm did not hear or understand, repeated request.  at that point sm back up car, turned car toward mom and hit the gas.  mom stumbled backward, gain her balance and pivoted out of the way.  sm sped out of parking lot swerving from side to side.

mom was shocked at this action.  i suggested she go into police and tell them what happened, she did.  in the meantime, an off duty officer had been sitting across from lot in his private car, eating.  he witnessed the entire thing and called 911 to report a woman almost running a pedestrian in the police parking lot.

police dispatched to patrol and they started looking for sm car.  found her driving around the back alleys of the shopping mall.  in the meantime, another officer had come out to talk to us and ask if mom wanted press charges.

we had an appointment with a GAL in 15 min and the kids were yelling "don't have sm arrested!"  at that point we were confused and needed to meet GAL so mom said no we would leave it at just filing a report and we were freed to go.

after the father heard what transpired he and sm went to police dept to file charges saying mom damaged the hood of their car.  officer that took the report said that he only saw a smudge in the dirt on the hood but no damage.  he then informed them that an off duty officer had witnessed the event and that sm was lucky mom did not file charges on her.

sm said she did not want to file charges just a report.  mom had intended to address the incident with the counselor appointed to mom and dad to help them communicate better.

The problem is, dad and sm went down sometime this week and filed charges on mom but this time claiming she not only damaged the hood of their car, but the door and broke the windshield wiper as well as curse and abuse!  she was served with an arrest warrent on wed of this week.

I was witness to the entire thing, as well as an off duty officer, the officer that took the report saying no damage, and the 911 call, saying someone was trying to run a woman in lot.  mom intends to go ahead and try to file charges on sm that she should have file when the incident occurred.  Had my daughter not been quick on her feet, this woman would have ran over her!  I can assure you, that my daughter did not display any rude, aggressive, or abusive actions.

The off duty officer will testify that he did not see my daughter touch sm's car, nor did he hear any loud or abusive language.   dad and sm have been told by the officers that they don't have a leg to stand on.  they know this.  the whole purpose of this action is harrassment.  he has dragged her into so many times I cannot count them anymore.  all were dismissed.  he is using the courts as a pawn to harrass.  my questions are:


1.  when she goes to her Arraignment, does she need to bring in witnesses?

2.  she cannot afford an attorney, for the Arraignment how can she Subpoena these witnesses into court without an attorney.  if she can prove during the Arraignment that she is innocent, won't that stop this in its track without having to go to trial?

3. what charges can she file on this woman?  

4. should she file charges, or will it look bad on her for filing after sm filed bogus charges?

5. And finally, how can we stop the harrassment??





Sir, I want to thank you for all that you do for people on this board.  

[Indigo Mom]

-----1. when she goes to her Arraignment, does she need to bring in witnesses?-----

I don't think so.  She'll simply say "guilty" or "not guilty".  She'll be asked whether she wants a jury trial, or trial by just the judge.

-----2. she cannot afford an attorney, for the Arraignment how can she Subpoena these witnesses into court without an attorney. if she can prove during the Arraignment that she is innocent, won't that stop this in its track without having to go to trial? -----

At the arraingment, she can request a public defender.  She'll have to show proof of income, because the "rich" won't qualify.  Once she gets a public defender, he or she can subpoena.  Nothing will stop it from going to trial unless she wants to cop a plea.

-----3. what charges can she file on this woman? -----

First, she needs to worry about getting herself out of trouble.  Now is NOT the time for revenge.  (though I know it sounds good)

-----4. should she file charges, or will it look bad on her for filing after sm filed bogus charges?-----

Same answer as #3

-----5. And finally, how can we stop the harrassment??-----

Live life to the fullest, stop giving them the reactions they "need".  Forget about them to the best of your ability and ALWAYS have a witness.

Now, I hope Soc reads this because if I gave wrong info, I would like to be corrected.


This is my own personal piece of advice.

NEVER EVER EVER EVER EVER EVER EVER accept ANY type of "plea" from the DA NO MATTER HOW SWEET IT SOUNDS.  Any plea they offer you is STILL you accepting guilt for a crime you did NOT commit.

[nerd]

Thank you. she trys so very hard to live life to the fullest. we all do.  I do not know what reaction they are getting from us that they need. she never retaliate, so its not as if they are playing a back and forth game.  she does not file charges on them.  Just once when he disappeared with the kids for three months.  she went as strictly by the court order as possible.  I wish I knew what kind of need we are fulfilling here.  we kind of think he may be a court junkie, groupie, or whatever.  I have found some 80 court proceedings on him, and that does not include J&D court which we counted up from what we had as about 20 times he's dragged my daughter into court for bogus charges.  that does not include all the times he has dragged his other three wives into court.  get the picture.  His needs change according to the changes we make.  he is BORG!

[Indigo Mom]

-----I do not know what reaction they are getting from us that they need. -----

They want to see you and your daughter squirm.  People really do "get off" on doing that to others.  Get this.  monster is gone.  kaput.  outta here.  I've been married for over 4 years, yet he won't STOP.  My landlord owns 3 houses in a row.  We moved from the middle one to the first one on the corner.  monster set an appointment to "view" the house we just moved out of.  Though he's a crack addict without a job, he made it seem that he was interested in living right next door to us. Does it get any more sick?  I can't wait for the next monster installment.  What's next?  

-----she never retaliate-----

However, she DOES let them see it destroys her.  

-----get the picture-----

I not only "get" the picture, but if you'll notice the tall blonde chick in the picture with you?  That's me.  

I KNOW what I say makes ZERO sense to you.  (it would have made no sense to me a few years ago) Just know, it's not just your daughter going through this.  Get her a username here.

[email protected]

[Indigo Mom]

For both you and your daughter.

The Gift Of Fear, by Gavin De Becker.

I urge you to either buy this book, or check it out from the library.



http://gdbinc.com/books-gof.cfm

[socrateaser]

>1.  when she goes to her Arraignment, does she need to bring
>in witnesses?

If you want to avoid a prosecution, then subpoenaing the off-duty officer to the arraignment and getting a sworn statement of his testimony, prior to, is the way to go.

>2.  she cannot afford an attorney, for the Arraignment how can
>she Subpoena these witnesses into court without an attorney.
>if she can prove during the Arraignment that she is innocent,
>won't that stop this in its track without having to go to
>trial?

If you cannot afford an attorney, one will be appointed for you, if you inform the judge of your inability to pay. The court has certain guidelines regarding ability to pay, so what you believe is inability, may not satisfy the court.

If you get the off-duty officer to send the sworn statement to the DA and tell him what actually happened, then the DA probably move to dismiss the charges.

>3. what charges can she file on this woman?  

Assuming that you prevail and the charges are dropped, then you will have a civil action for malicious prosecution. You can also ask the DA to charge her with making a false criminal complaint.

>
>4. should she file charges, or will it look bad on her for
>filing after sm filed bogus charges?

Intentionally driving the car in a manner that would cause another person to fear imminent physical injury is both a civil and a criminal assault, so assuming that the police officer has provided you with the sworn statement, I would file criminal charges, and then after the criminal charges against you are dropped, I would file a civil assault action.

>
>5. And finally, how can we stop the harrassment??

If you do as I suggest, then I doubt you will have any future problems, because the other parent is gonna be toast.